Committee advances bill to raise Georgia's homestead bankruptcy exemption
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A House committee voted to advance LC443365, which would raise Georgia's homestead bankruptcy exemption from $21,500/$43,000 (individual/joint) to $50,000/$100,000, with witnesses urging smaller increases or indexing to federal levels to protect creditors and local vendors.
Representative Hong introduced LC443365 on the committee floor, saying Georgia's homestead bankruptcy exemption has not been updated in a decade and that rising home values make an increase appropriate. The bill would raise the individual exemption to $50,000 and the joint exemption to $100,000.
Jason Petty, a bankruptcy trustee and attorney, testified he supports some increase but argued the proposal is too large. "That proposed increase goes too far," Petty said, warning it could shield more equity from creditors, reduce distributions in Chapter 7 cases and lead lenders to tighten underwriting. He suggested an alternative range of about $35,000 to $37,000 or indexing to the federal exemption.
Members asked how Georgia's opt-out from federal exemptions works and whether automatic indexing would prevent the statute from lagging again. Petty and others said Georgia historically tracked the federal exemption and that indexing would avoid repeated statutory adjustments. Representative Hong said she would consider indexing language but preferred the bill's proposed figures as the immediate remedy.
The committee moved and, after a voice vote, the bill was advanced out of committee. The transcript does not record a roll-call tally; the chair announced the bill passed by voice vote.
Next steps: The measure will be scheduled for further floor consideration per legislative procedure.
